South African Association of Professional Planners





Home About Us Information Brochure Position Statement Registration Application Form Consultants Services Publications Constitution Tariff of Fees FAQ Rules The Act Members BRANCH OFFICES HEAD OFFICE N-Z HEAD OFFICE A-M Notice Board Circular: 25/03/2010 Circular: 22/06/2009 Circular: 03/12/2008 Circular: 18/9/08		» The Act NOTE: Section 21A (3) (b) Closing date extended to 30th September 1999 To provide for the establishment of South African Council for Town and Regional Planners, for the registration of town and regional planners, town and regional planners in training and town and regional planning technicians and for matters connected therewith. (English text signed by the State President.) (Assented to 22 February 1984.) (Updated 6/4/1995 - Gazette 16353) Be it enacted by the State President and the House of Assembly of the Republic of South Africa, as follows:- SECTION1 Section 1 - Amended - Act 28/1993 and Act 3/1995 1. In this Act, unless the context indicates otherwise- "council" means the South African Council for Town and Regional Planners established by section 2; (vi) "court" means a division of the Supreme Court of South Africa having jurisdiction; (iv) "Education Advisory Committee" means the Education Advisory Committee for Town and Regional Planners established under section 14; (i) "financial year" means a year ending on 31 March; (ii) "Minister" means the Minister of Land Affairs; (v) "prescribe" means prescribe by rule made by the council under section 28, and "prescribed" shall have a corresponding meaning; (xii) "register" , when used as a noun, means the register referred to in section 9(2); (vii) "registrar" means the person appointed as registrar under section 9(1)(a); (viii) "this Act" includes any notice or rule issued or made under this Act; (iii) "town and regional planner" means a person registered as a town and regional planner under any provision of section 20; (ix) "town and regional planner in training" means a person registered as a town and regional planner in training under section 21; (x) "town and regional planners' institute" means any association of town and regional planners and town and regional planners in training recognised as a town and regional planners' institute under section 9(1)(u). (xi) "town and regional planning technician" means a person registered as a town and regional planning technician under section 21A; "town and regional planning technicians' institute" means any association of town and regional planning technicians recognised as a town and regional planning technicians' institute under section 9(1)(u). SECTION2 2. There is hereby established a juristic person to be known as the South African Council for Town and Regional Planners. SECTION3 Section 3(1) - Amended - Act 28/1993 and Act 3/1995 Section 3(2) - Amended - Act 28/1993 3. (1) Subject to the provisions of section 4, the council shall consist of the following members appointed by the Minister, namely- eight town and regional planners selected by the Minister, from a list of the names of at least 10 town and regional planners nominated by town and regional planners' institutes, with due regard to the number of members of every such institute, and to the geographical distribution of town and regional planners in the Republic; two persons nominated by the Committee of University Principals referred to in section 6 of the Universities Act, 1955 (Act No. 61 of 1955), each of whom shall be a professor or lecturer in town or regional planning at different universities in the Republic having a faculty or subdivision thereof or department of town or regional planning; one person selected by the Minister from persons in the full-time employment of the State. one town and regional planning technician selected by the Minister from a list of the names of at least two town and regional planning technicians nominated by town and regional planning technicians' institutes. (2) To enable the Minister to appoint members of the council under paragraphs (a), (b) and (d) of subsection (1), he shall by notice in writing request all town and regional planners' institutes, the Committee of University Principals and all town and regional planning technicians' institutes to submit a list of the names of a specified number of persons in accordance with the said paragraphs, and if no such list or a list containing insufficient names is submitted to the Minister within a period (of not less than 21 days) determined in the said notice for the submission of such a list of names, the Minister may appoint any suitable person or persons as a member or as members of the council instead of the person or persons he would have appointed if the said institutes or Committee had not failed to submit such a list of names or a list with sufficient names. (3) The name of every person appointed as a member of the council under this section shall be notified in the Gazette. (4) Every member of the council (excluding a member appointed under subsection (1) (c), who shall hold office at the Minister's pleasure) shall be appointed for a period of three years, but shall, after the expiration of the period for which he was appointed, continue to hold office for a further period not exceeding three months until his successor has been appointed. (5) If a member of the council dies or vacates his office before the expiration of the period for which he was appointed, the Minister may, subject to the provisions of subsection (1), appoint a person to fill the vacancy for the unexpired portion of the period for which such member was appointed. (6) Any member of the council whose period for which he was appointed has expired, shall be eligible for reappointment. SECTION4 4. (1) Notwithstanding the provision of paragraph (a) of section 3(1) the council shall, when it is constituted for the first time, consist, in addition to the persons referred to in paragraphs (b) and (c) of that section, of eight persons appointed by the Minister, subject to the provisions of section 5(1) (a) to (d), from a list of names of at least 10 persons nominated by the South African Institute of Town and Regional Planners, so that there is at least one member of the council resident in every province of the Republic. (2) The provisions of- section 3(2) shall apply mutatis mutandis in relation to the appointment of a member of the council referred to in subsection (1) of this section; section 3(3), (5) and (6) shall apply mutatis mutandis in relation to every member of the council referred to in subsection (1) of this section. (3) Every member of the council contemplated in subsection (1), including any member appointed as one of the first members of the council under paragraph (b) of section 3(1), shall, notwithstanding the provisions of section 3(4), be appointed for a period expiring one year after the date on which the first meeting of the council was held or such longer period not exceeding two years as the Minister may from time to time determine. SECTION5 Section 5(2) - Amended - Act 28/1993 5. (1) No person shall be appointed as a member of the council if he- is not a South African citizen permanently resident in the Republic; is an unrehabilitated insolvent; has been convicted of an offence and in respect thereof sentenced to imprisonment without the option of a fine; has on account of improper conduct been removed from an office of trust; or has, in terms of the provisions of this Act, been found guilty by the council of improper conduct. (2) A member of the council shall vacate his office if he- becomes disqualified in terms of subsection (1) from being appointed as a member of the council; resigns by written notice addressed to the registrar; is according to law detained as a mentally ill person; has, without the leave of the council, been absent from three consecutive meetings of the council; was appointed under section 3(1) (a) and he ceases to be a town and regional planner; was appointed under section 3(1) (b) and he ceases to be a professor or lecturer in town or regional planning at a university in the Republic; was appointed under section 3(1) (c) and he ceases to be in the full-time service of the State, or the Minister terminates his appointment; or was appointed under section 3(1)(d) and he ceases to be a town and regional planning technician. SECTION6 6. (1) The first meeting of the council shall be held at such time and place as the Minister may determine, and thereafter meetings of the council shall be held at such times and places as the council may determine from time to time. (2) Seven members of the council shall form a quorum for any meeting thereof. SECTION7 7. (1) The members of the council shall at the first meeting of every newly constituted council and thereafter as the occasion arises, elect out of their number a member of the council who is a town and regional planner as president and any other much member as vice-president of the council, and the president and vice-president so elected shall hold office for such period as the council may determine at the time of their election. (2) The vice-president may, if the president is absent or for any reason unable to act as president, perform all the functions of the president. (3) If both the president and the vice-president are absent from any meeting of the council or unable to preside, the members present shall elect out of their number a member who is a town and regional planner to preside at that meeting, and the person so elected to preside may, during that meeting and until the president or vice-president resumes his functions, perform all the functions of the president. (4) For the purposes of subsection (1) or (3) in relation to the first members of the council any member appointed under section 4(1) shall be deemed to be a town and regional planner. SECTION8 8. (1) A decision of the majority of the members of the council present at any meeting shall constitute a decision of the council. (2) No decision taken by the council or act performed under authority of the council shall be invalid by reason only of an interim vacancy on the council or of the fact that a person who is not entitled to sit as a member of the council sat as a member at the time when the decision was taken or the act was authorised, if the decision was taken or the act was authorised by the requisite majority of the members of the council who were present at the time and entitled to sit as members. SECTION9 Section 9(1) - Amended - Act 28/1993 Section 9(2) - Amended - Act 28/1993 9. (1) The council may- appoint and remunerate a registrar (who shall also act as secretary of the council) and such other person as the council may deem necessary for the performance of its functions, and determine their functions; subject to the provisions of the Act, determine the manner of convening, and the procedure at, meetings of the council or any committee of the council or the Education Advisory Committee, the quorum for meetings of any committee of the council or the Education Advisory Council and the manner in which minutes of such meetings shall be kept; collect the funds of the council and deal with them by: investing them or any part thereof by means of a deposit with the National Finance Corporation of South Africa, a banking institution registered in terms of the Banks Act, 1965 (Act No. 23 of 1965), a building society registered in terms of the Building Societies Act, 1965 (Act No. 24 of 1965), or the General Post Office; depositing them or any part thereof in a savings account with such a banking institution or building society or with the General Post Office; depositing them or any part thereof in a current account with such a banking institution; determine the remuneration and allowances payable from the funds of the council to members of the council or of a committee of the council or of the Education Advisory Council who are not in the full-time service of the State; subject to the provisions of section 13(2), consider and give its final decision on recommendations of a committee of the council or the Education Advisory Committee; prescribe the manner in which any person shall apply for registration as a town and regional planner, town and regional planner in training or town and regional planning technician, the fees which shall be payable to the council in respect of any such registration, the annual fees which shall be payable to the council by a town and regional planner, town and regional planner in training or town and regional planning technician, the portion of such annual fees which shall be payable in respect of any part of a year and the date on which such annual fees or portion thereof shall become payable; subject to the provisions of this Act, consider and decide upon any application for registration as a town and regional planner, town and regional planner in training or town and regional planning technician; decide upon the form of the register and certificates to be kept, maintained or issued in terms of this Act, the reviewing thereof and the manner in which alterations thereto may be effected; take steps which it may consider expedient for the protection of members of the public in their dealings with town and regional planners, town and regional planners in training or town and regional planning technicians and for the maintenance of the integrity of, the enhancement of the status of and the improvement of the standards of services rendered by town and regional planners, town and regional planners in training or town and regional planning technicians, and after consideration of any advice or recommendations of the Education Advisory Committee, the improvement of the standards of the academic qualifications of town and regional planners or town and regional planning technicians; encourage and itself undertake research into matters in relation to the town and regional planners' profession and give advice or render assistance to any educational institution, town and regional planners' institute, town and regional planning technicians' institute or examining body in connection with educational facilities for and the training and education of prospective town and regional planners or town and regional planning technicians; finance, print, distribute, sell and administer the publication of, and generally take any steps necessary to publish, any publication in relation to the town and regional planners' profession and related matters; arrange with a registered insurer as defined in section 1(1) of the Insurance Act, 1943 (Act No. 27 of 1943), for the indemnification by means of insurance of town and regional planners, town and regional planners in training and town and regional planning technicians against claims arising from the performance of their functions as town and regional planners, town and regional planners in training or town and regional planning technicians; acquire or hire such movable or immovable goods as it may consider necessary for the effective performance of its functions, and maintain, let or sell or in any other manner dispose of goods so acquired or hired; enter into contracts or decide upon the manner in which contracts shall be entered into on behalf of the council; arrange with a registered insurer referred to in paragraph (l) for the provision of cover by means of insurance- for a member or any officer of the council in respect of any bodily injury, disablement or death resulting solely and directly from an accident occurring in the course of the performance by such a member or officer of his functions in terms of this Act; for the council against any loss, damage, risk or liability which it may suffer or incur, including cover in respect of any loss or damage caused to the council by any person in its employment and in respect of all goods under the control of the council; arrange for the payment of pension and other benefits to any officer of the council and his dependants on the termination of the employment of that officer; from time to time raise money by way of loans for the purpose of effectively performing such of its functions as the council may determine; with a view to the promotion of any matter relating to the town and regional planners' profession, lend money against such security as the council may deem adequate; mortgage any of its immovable goods as security for any loan referred to in paragraph (q); determine where its head office shall be situated; prescribe the requirements with which an association of town and regional planners and town and regional planners in training or an association of town and regional planning technicians shall comply in order to qualify for recognition by the council as a town and regional planners' institute or a town and regional planning technicians' institute for the purposes of this Act and the circumstances in which such recognition shall lapse after an application in connection therewith has been granted; consider any application for such recognition and grant the application of any such association which complies with the requirements so prescribed; and generally, take all such measures as it may deem necessary for the proper performance of its functions or to achieve the objects of this Act. (2) Subject to the provisions of this Act, the council shall keep and maintain a register of town and regional planners, town and regional planners in training and town and regional planning technicians, and such register shall at all reasonable times be open to inspection by any member of the public upon payment of the prescribed fees. SECTION10 Section 10(1) - Amended - Act 48/1987, Act 20/1988 and Act 28/1993 10. (1) The Minister may at the request of the council and with the concurrence of the Competition Board established by section 3 of the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979), by notice in the Gazette prescribe kinds of work in connection with town and regional planning which shall be reserved for town and regional planners, town and regional planners in training and town and regional planning technicians, and may in like manner amend or withdraw any reservation so made. (2) Before any provision is made in terms of subsection (1) for the reservation of work, the Minister shall publish a notice in the Gazette in which- the proposed provision is set out; it is intimated that it is proposed to make the provision in question with effect from a date specified in the notice, which shall be a date not earlier than four weeks as from the date of the notice; and interested persons are invited to submit any objections to or representations concerning the proposed provision: Provided that if the Minister thereafter decides on any alteration in the provision published as aforesaid, as a result of any objections or representations submitted in respect thereof, it shall not be necessary to publish such alteration before finally making the provision in terms of this section. (3) In making provision in terms of this section, work performed in specified circumstances or for specified purposes or by or for specified persons or classes of persons or within or outside specified areas or classes of areas, may be excluded from the provisions thereof. SECTION11 11. (1) The funds of the council shall consist of all fees payable in terms of the provisions of this Act, all money raised by the council in terms of the said provisions and such other amounts, including advances referred to in subsection (4), as may in terms of the said provisions become payable to the council from time to time. (2) The council shall cause full and correct account to be kept of all money received or expended by it. (3) The council shall cause to be prepared in each year a statement of its income and expenditure during its last preceding financial year and a balance sheet showing its financial position at the end of that financial year, and shall cause such statement and balance sheet to be audited by an auditor appointed by the council. (4) The Minister may, with the concurrence of the Minister of Finance, advance to the council out of money appropriated by Parliament such amounts as he may deem necessary in order to enable the council to perform its functions. Any such advance shall be made on such conditions and shall be payable at such times as the Minister may, with the concurrence of the Minister of Finance, determine. SECTION12 Section 12 - Amended - Act 28/1993 12. The council shall in each year, within six months after the close of its financial year, submit to the Minister a report in connection with its functions during that financial year, together with a copy of the audited statement of income and expenditure and the balance sheet referred to in section 11(3) in respect of that financial year, as well as a list of town and regional planners, town and regional planners in training and town and regional planning technicians whose names appeared in the register on the last day of that financial year, and shall send to every town and regional planner, town and regional planner in training and town and regional planning technician whose name so appeared in the register a copy of each of the said documents. SECTION13 13. (1) The council may establish committees to assist it in the performance of its functions and may appoint such of its members and such town and regional planners and other persons who are not members of the council as it may deem fit, to be members of any such committee. One of the members of a committee shall be designated by the council as chairman of the committee. (2) The council may in its discretion delegate to a committee so established any of its powers, but shall not be divested of any power which it has so delegated to a committee, and may amend or withdraw any decision of such a committee. (3) Any reference in this Act to the council or the president of the council in relation to the exercise of any power which the council has delegated to a committee, shall be construed as including a reference to that committee or to the chairman of that committee, as the case may be. (4) The provisions of section 8(2) shall apply mutatis mutandis in respect of a committee of the council. SECTION14 14. The Minister shall establish a committee to be known as the Education Advisory Committee for Town and Regional Planners. SECTION15 Section 15(1) - Amended - Act 28/1993 and Act 3/1995 15. (1) The Education Advisory Committee shall consist of the following members appointed by the Minister, namely- one person nominated by the senate of every university in the Republic having a faculty or subdivision thereof or a department of town or regional planning and conducting examinations referred to in section 20(2)(b) and who shall be a professor or lecturer in town or regional planning at such university; two persons nominated by the Minister of Education; as many persons as may be equal in number of the difference in number between the persons appointed under paragraph (a) and the persons appointed under paragraph (b), selected by the Minister from a list of names of town and regional planners nominated by town and regional planners' institutes; and one person nominated by the council of every technikon in the Republic having a department or subdivision thereof of town and regional planning and who shall be a member of the teaching staff at such technikon. (2) The provisions of- section 3(2) shall apply mutatis mutandis in relation to the appointment of a members of the Education Advisory Council referred to in subsection (1) (c) of this section; section 3(3),(4),(5) and (6) shall apply mutatis mutandis in relation to every member of the Education Advisory Council referred to in subsection (1) of this section; SECTION16 Section 16(2) - Amended Act 28/1993 16. (1) No person shall be appointed as a member of the Education Advisory Committee if he- is not a South African citizen permanently resident in the Republic; is an unrehabilitated insolvent; has been convicted of an offence and in respect thereof sentenced to imprisonment without the option of a fine; has on account of improper conduct been removed from an office of trust; or has, in terms of the provisions of this Act, been found guilty of improper conduct. (2) A member of the Education Advisory Committee shall vacate his office if he- becomes disqualified in terms of subsection (1) from being appointed as a member of the Education Advisory Committee; resigns by written notice addressed to the registrar; is according to law detained as a mentally ill person; has, without leave of the committee, been absent from three consecutive meetings of the committee; was appointed under section 15(1)(a)and he ceases to be a professor or lecturer in town or regional planning at a university in the Republic; was appointed under section 15(1)(c)and he ceases to be a town and regional planner; or was appointed under section 15(1)(d) and he ceases to be a member of the teaching staff at a technikon in the Republic. (3) The provisions of section 8 shall apply mutatis mutandis in respect of the Education Advisory Committee. SECTION17 17. (1) The members of the Education Advisory Committee shall at the first meeting of every newly constituted committee and thereafter as the occasion arises, elect out of their number one as chairman of the committee, and the chairman shall hold his office for such period, being not less than 12 months, as the council may from time to time determine or until he ceases to be a member of the committee, whichever event first occurs. (2) If the chairman is absent from any meeting of the Education Advisory Committee or is unable to preside, the members present shall elect our of their number one to preside at that meeting, and the person so elected to preside shall, during that meeting and until the chairman resumes his functions, perform all the functions of the chairman. SECTION18 18. The provisions of this Act shall not be construed so as to preclude a member of the Education Advisory Committee from being appointed or from serving as- a member of the council; or a member of a committee of the council. SECTION19 19. The functions of the Education Advisory Committee shall be to assist the council in the performance of its functions in terms of this Act and to inquire into and advise upon or make recommendations in relation to any matter which the council in the performance to its functions in terms of this Act may refer to the Committee either specifically or generally or which has been raised by the committee of its own accord, and more particularly in relation to the matters referred to in sections 9(1)(b),(f),(i),(j),(k) and (v) and 20(2)(b). SECTION20 Section 20(2) - Amended - Act 37/1990 (came into operation 31/1/1991); Act 28/1993; Act 3/1995 Section 20(3) - Amended - Act 20/1988 and Act 3/1995 Section 20(3)(b) - valid until 8 September 1985 only Section 20(4) - Amended - Act 28/1993 20. (1) Any person who desires to be registered as a town and regional planner shall lodge with the council, in the manner prescribed by it, an application in writing for such registration, and such application shall be accompanied by the prescribed registration fee and such information as may be required by the council. (2) If after consideration of any such application the council is satisfied that the applicant- is not less than 21 years of age; has passed the prescribed examinations, or any examinations recognized by the council for the purposes of this Act after consideration of any advice or recommendations of the Education Advisory Committee;(bA) was, subject to the provisions of subsection (2A), registered as a town and regional planner in training for a period of at least three years after he had passed an examination referred to in paragraph (b); has gained the prescribed practical experience of work in town and regional planning; deleted Act 3/1995; and with due regard to the provisions of this Act, is a suitable person for registration as a town and regional planner,the council shall, subject to the provisions of subsection (4), register the applicant as a town and regional planner, and cause any such person's name to be entered in the register and a certificate of registration in the prescribed form to be issued to him. (2A) If the council is satisfied that an applicant referred to in subsection (2) has sufficient experience, it may exempt such applicant in whole or in part from the requirements of subsection (2)(bA). (3) Any person who at the commencement of this Act- this clause closed on 8 September 1985 this clause closed on 8 September 1985 (4) The council shall not register any person as a town and regional planner in terms of the provisions of this section- if such person has at any time been removed from an office of trust on account of improper conduct or has been convicted of an offence involving an element of dishonesty and sentenced in respect thereof to imprisonment without the option of a fine or to a fine of at least R2 000: Provided that if the council is satisfied, in respect of any person who is subject to a disqualification referred to in this paragraph, that, with due regard to all the relevant considerations, the registration of such a person is justified in the interest of fairness towards him, the council may, on such conditions as the council may determine, register such a person as a town and regional planner; if such a person is according to law detained as a mentally ill person; or if the name of that person has been removed from the register by virtue of any punishment imposed upon him under this Act. (5) The council shall withdraw the registration as a town and regional planner of any person if that person- becomes disqualified in terms of subsection (4)(a) or (b) from being registered as a town and regional planner; has erroneously been registered as a town and regional planner or has been so registered on information subsequently proved to be false; fails to pay any annual fee or a portion thereof prescribed under section 9(1)(f) and payable by him, within 60 days after such fee or portion thereof becomes payable or within such further period as the council may, either before or after the expiration of the said 60 days, in any particular case allow. (6) The council shall at the written request of any town and regional planner remove his name from the register: Provided that where an inquiry into alleged improper conduct by such a town and regional planner is in progress or to be held, such removal shall not be made until that inquiry has been concluded. (7) Subject to the provisions of subsection (4), the council shall on application to it register as a town and regional planner any person who was previously registered as a town and regional planner in terms of this section and whose registration has been withdrawn in terms of subsection (5)(c), if he has paid the prescribed registration fee and any arrear annual fee or portion thereof prescribed under section 9(1)(f), together with any expenses incurred by the council in connection with the recovery of any arrear fees. (8) A person who is registered as a town and regional planner may describe himself as a town and regional planner and shallbe entitled to indicate hisstatus or to make it known by using for all purposes the title TRP(SA) after his name. SECTION21 Section 21(1) - Amended - Act 37/1990 21. (1) Any person who does not comply with a requirements referred to in section 20(2)(b), (bA) or (c) for registration as a town and regional planner may be registered as a town and regional planner in training. An application for registration in terms of paragraph (a) shall be lodged with the council in writing in the prescribed manner and shall be accompanied by the prescribed registration fee and such information as the council may require. (2) If after consideration of any such application the council is satisfied that the applicant- is enroled at an educational institution approved by the council for a course which includes sitting for the examinations referred to in section 20(2)(b); or with regard to the provisions of this Act, is a suitable person for registration as a town and regional planner,the council shall, subject to the provisions of subsection (4), register the applicant as a town and regional planner in training, and cause such person's name to be entered in the register and a certificate of registration in the prescribed form to be issued to him on which the restrictions and conditions applicable to him by virtue of the provisions of subsection (3) are endorsed. (3) A town and regional planner in training shall perform work in town and regional planning subject to such restrictions and conditions relating to the kind of service he many render and relating to supervision and control by a town and regional planner, as the council may in each case determine. (4) The provisions of- section 20(4) and (5) shall apply mutatis mutandis in relation to the registration of a town and regional planner in training; section 20(6) or (7) shall apply mutatis mutandis in relation to a town and regional planner in training, or a town and regional planner in training whose registration has been withdrawn, as the case may be. (5) A person registered as a town and regional planner in training may describe himself as such. SECTION21A Section 21A - came into operation on 19 March 1993 - Act 28/1993 Section 21A(3)(b) - expires 30/9/1994, extended to 30/9/1999 Section 21A - Amended - Act 3/1995 21A. (1) Any person who desires to be registered as a town and regional planning technician shall lodge with the council, in the manner prescribed by it, an application in writing for such registration, and such application shall be accompanied by the prescribed registration fee and such information as may be required by the council. (2) If after consideration of any such application the council is satisfied that the applicant- is not less than 21 years of age; has passed the prescribed examinations, or any examinations recognised by the council for the purposes of this Act after consideration of any advice or recommendations of the Education Advisory Committee; has gained the prescribed practical experience of work in town and regional planning; deleted - Act 3/1995; and with due regard to the provisions of this Act, is a suitable person for registration as a town and regional planning technician,the council shall, subject to the provisions of subsection (4), register the applicant as a town and regional planning technician, and cause any such person's name to be entered in the register and a certificate of registration in the prescribed form to be issued to him. (3) Any person who at the commencement of the Town and Regional Planners Amendment Act, 1993- has passed the examinations referred to in subsection (2)(b); or had been engaged in the performance of work in town and regional planning for a period of not less than three years which in the opinion of the council is of a satisfactory nature,may, within 12 months from the commencements of the Town and Regional Planners Amendment Act, 1993, or such further period as the council may allow, lodge with the council in the manner prescribed by it an application in writing for registration as a town and regional planning technician, and the council shall, subject to the provisions of subsection (4), and upon such information as the council may require being furnished and upon payment of the prescribed fees, register as a town and regional planning technician any such person who in its opinion complies with the requirements of subsection (2)(e), and shall cause his name to be entered in the register and a certificate of registration in the prescribed form to be issued to him. (4) The council shall not register any person as a town and regional planning technician in terms of the provisions of this section- if such person has at any time been removed from an office of trust on account of improper conduct or has been convicted of an offence involving an element of dishonesty and sentenced in respect thereof to imprisonment without the option of a fine or to a fine of at least R2 000: Provided that if the council is satisfied, in respect of any person who is subject to a disqualification referred to in this paragraph, that with due regard to all the relevant considerations, the registration of such a person is justified in the interest of fairness towards him, the council may, on such conditions as the council may determine, register such a person as a town and regional planning technician; if such person is according to law detained as a mentally ill person; or if the name of such person has been removed from the register by virtue of any punishment imposed upon him under this Act. (5) The council shall withdraw the registration as a town and regional planning technician of any person if that person- becomes disqualified in terms of subsection (4)(a) or (b) from being registered as a town and regional planning technician; has erroneously been registered as a town and regional planning technician or has been so registered on information subsequently proved to be false; fails to pay any annual fee or a portion thereof prescribed under section 9(1)(f) and payable by him, within 60 days after such fee or portion thereof becomes payable or within such further period as the council may, either before or after the expiration of the said 60 days, in any particular case allow. (6) The council shall at the written request of any town and regional planning technician remove his name from the register: Provided that where an inquiry into alleged improper conduct by such a town and regional planning technician is in progress or to be held, such removal shall not be made until that inquiry has been concluded. (7) Subject to the provisions of subsection (4), the council shall on application to it register as a town and regional planning technician any person who was previously registered as a town and regional planning technician in terms of this section and whose registration has been withdrawn in terms of subsection (5)(c), if he has paid the prescribed registration fee and any arrear annual fee or portion thereof prescribed under section 9(1)(f), together with any expenses incurred by the council in connection with the recovery of any arrear fees. (8) A person who is registered as a town and regional planning technician may described himself as a town and regional planning technician and shall be entitled to indicate his status or to make it known by using for all purposes the title TRPT(SA) after his name. SECTION22 Section 22 - Amended - Act 28/1993 22. (1) A person whose registration as a town and regional planner, town and regional planner in training or town and regional planning technician has been withdrawn under the provisions of this Act or whose name has under the said provisions been removed from the register, shall return his certificate of registration to the registrar within 30 days from the date upon which he is ordered by the registrar by notice in writing transmitted by post to do so, unless he satisfies the registrar that the certificate has been lost or destroyed, if such is the case, or he is again registered under section 20(7) or 21A(7), as the case may be. (2) A person who fails to comply with any order given under subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding R200. SECTION23 Section 23(1) - Amended - Act 28/1993 Section 23(3) - Amended - Act 20/1988; Act 28/1993 and Act 3/1995 23. (1) Subject to the provisions of section 10(3), a person not registered as a town and regional planner, town and regional planner in training or town and regional planning technician who- for reward performs any kind of work reserved for town and regional planners, town and regional planners in training or town and regional planning technicians under section 10(1); or pretends to be or by any means whatsoever holds himself out or allows himself to be held out as a town and regional planner, town and regional planner in training or town and regional planning technician or uses the name of a town and regional planner, town and regional planner in training or town and regional planning technician or uses any name, title, description or symbol indicating or calculated to lead persons to infer that he is registered as a town and regional planner, town and regional planner in training or town and regional planning technician in terms of this Act, shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000. (2) Subsection (1)(a) shall come into operation on a date six months after a date fixed by the Minister, after consultation with the council, by notice in the Gazette: Provided that the Minister may, if he deems fit, extend the said period of six months, either generally by notice in the Gazette or in respect of a specific person by a certificate issued by the registrar on the instructions of the Minister, for such further period and on such conditions as the Minister may, on the recommendation of the council, deem expedient. (3) Nothing in this Act contained shall be construed as prohibiting any professional land surveyor registered as such in terms of the Professional and Technical Surveyors' Act, 1984 (Act No. 40 of 1984)- from using the title "township planner", on condition that the South African Council for Professional and Technical Surveyors established by section 2 of the said Act authorises him to use that title; and from performing the kind of work which he in the opinion of the South African Council for Professional and Technical Surveyors is by virtue of his educational qualifications, training and experience competent to perform and which the said Council authorises him to perform: Provided that such work has not been reserved for town and regional planners, town and regional planners in training or town and regional planning technicians in terms of section 10(1) of this Act. SECTION24 Section 24 - Amended - Act 28/1993 24. A town and regional planner, town and regional planner in training or town and regional planning technician shall be guilty of improper conduct if he- performs work of a kind reserved for town and regional planners, town and regional planners in training or town and regional planning technicians under section 10(1) in connection with any matter which is the subject of a dispute or litigation, on condition that payment for such work will be made only if such dispute or litigation ends favourably for the person for whom such work is performed; performs work of a kind reserved for town and regional planners, town and regional planners in training or town and regional planning technicians under section 10(1) during any period in respect of which he has been suspended under this Act; in the case of a town and regional planner in training, contravenes or fails to comply with any restriction or condition applicable in respect of him by virtue of the provisions of section 21(3); except with the consent of the council, knowingly entrusts to any person other than a town and regional planner work of a kind reserved for town and regional planner, town and regional planners in training or town and regional planning technicians under section 10(1); commits an offence in the performance of his work as a town and regional planner, town and regional planner in training or town and regional planning technician; accepts remuneration from any person other than his client or employer for the performance of work of a kind reserved for town and regional planners, town and regional planners in training or town and regional planning technicians, as the case may be, under section 10(1); contravenes or fails to comply with any requirements contained in a rule made under section 28(1)(c); or conducts himself contrary to a rule made under section 28(1)(d). SECTION25 Section 25(1) - Amended - Act 28/1993 Section 25(3) - Amended - Act 28/1993 Section 25(4) - Amended - Act 28/1993 25. (1) The Council may inquire into cases of improper conduct of which a person who is registered in terms of this Act as a town and regional planner, town and regional planner in training or town and regional planning technician is alleged to have been guilty while so registered, and may impose in respect thereof, if found proved, one of the following penalties, namely- a caution or a reprimand or a reprimand and a caution; a fine not exceeding R5 000; suspension for a specified period not exceeding one year to perform in the Republic work of a town and regional planner, town and regional planner in training or town and regional planning technician; or withdrawal of his registration as a town and regional planner, town and regional planner in training or town and regional planning technician, as the case may be, and the removal of his name from the register; Provided that in the case of alleged improper conduct which forms or which the council has reason to believe is likely to form the subject of criminal or civil proceedings in a court of law, the council may postpone the inquiry until such proceedings have been determined. (2) When any penalty imposed under subsection (1) consists of a fine, the amount thereof shall be recovered by the council from the person concerned, and any amount so recovered shall be paid into the funds of the council. (3) The acquittal or the conviction of a town and regional planner, town and regional planner in training or town and regional planning technician by a court of law upon a criminal charge shall not be a bar to proceedings against him under this Act on a charge of improper conduct, even if the facts set forth in the charge of improper conduct would, if proved, constitute the offence set forth in the criminal charge on which he was so acquitted or convicted or any other offence of which he might have been convicted at his trial on the said criminal charge. (4) If the improper conduct with which the town and regional planner, town and regional planner in training or town and regional planning technician is charged amounts to an offence of which he has been convicted by a court of law, a certified copy of the record of his trial and conviction by that court shall, upon the identification of such town and regional planner, town and regional planner in training or town and regional planning technician as the person referred to in the record, be sufficient proof of the commission by him of such offence, unless the conviction has been set aside by a superior court: Provided that it shall be competent for the town and regional planner, town and regional planner in training or town and regional planning technician charged to adduce evidence that he was in fact wrongly convicted. SECTION26 26. (1) For the purpose of any inquiry under section 25 the council may- summon any person who in its opinion may be able to give material information concerning the subject which is being investigated or who is presumed to have in his possession or custody or under his control any book, document or thing which relates to the subject which is being investigated, to appear before the council at a time and place specified in the summons to be interrogated or to produce that book, document or thing, and may retain for examination any book, document or thing so produced; call and by way of its president administer an oath to, or accept an affirmation from, any person present at the inquiry who was or could have been summoned under paragraph (a) and interrogate him and require him to produce any book, document or thing in his possession or custody or under his control; appoint any person to advise the council at such inquiry on matters pertaining to law, procedure or evidence, to lead evidence and to cross-examine witnesses. (2) A summons requiring any person to appear before the council or to produce any book, document or thing, shall be in the form determined by the council, be signed by the president of the council or by a person authorised thereto by the council and be served in such a manner as the council may determine. (3) If any person who has been duly summoned under this section fails, without sufficient cause, to appear at the time and place specified in the summons or to remain in attendance until excused from further attendance by the president of the council, or if any person called upon under subsection (1) (b) refused to be sworn or to accept an affirmation as a witness or fails without sufficient cause to answer fully and satisfactorily to the best of his knowledge and belief all questions lawfully put to him concerning the subject which is being investigated or to produce any book, document or thing in his possession or custody or under his control which he has been required to produce, he shall be guilty of an offence: Provided that in connection with the interrogation of any such person or the production of any such book, document or thing, the law relating to privilege, as applicable to a witness summoned to give evidence or to produce any book, document or thing before a court of law, shall apply. (4) Any witness who, having been duly sworn or having accepted an affirmation, gives a false answer to any question lawfully put to him or makes a false statement on any matter, knowing such answer or statement to be false, shall be guilty of an offence. (5) Any person who wilfully hinders the president or any member or officer of the council in the exercise of any power conferred upon him by or under this section, shall be guilty of an offence. (6) A person whose conduct is being inquired into by the council shall be informed of the nature of the complaint made against him and shall be entitled to appear by himself at the inquiry or to be represented by an advocate of the Supreme Court of South Africa or a person duly admitted to practise as an attorney in the Republic duly authorised thereto by him, and to produce evidence, call and examine witnesses on his behalf and to cross-examine other witnesses. (7) The council shall keep or cause to be kept a record of the proceedings at an inquiry. (8) Any person convicted of an offence in terms of this section shall be liable to a fine not exceeding R500. SECTION27 Section 27(1) - Amended - Act 28/1993 Section 27(2) - Amended - Act 28/1993 27. (1) When it appears to the council from information on oath that any town and regional planner, town and regional planner in training or town and regional planning technician has become mentally ill to such an extent that it would be contrary to the public interest to allow him to continue to perform work in town and regional planning, the council may in its discretion hold an inquiry mutatis mutandis in accordance with the provisions of section 26 in respect of such town and regional planner, town and regional planner in training or town and regional planning technician. (2) If the council finds that such town and regional planner, town and regional planner in training or town and regional planning technician has so become mentally ill, the council may order for a specified period his suspension from his functions as a town and regional planner, town and regional planner in training or town and regional planning technician, as the case may be. (3) The council may extend for any period determined by it the period of operation of, or withdraw, any order made under this section. SECTION28 Section 28 (1) - Amended - Act 48/1987; Act 28/1993 and Act 3/1995 Section 28 (2) - Deleted - Act 3/1995 Section 28(3) - Amended - Act 3/1995 28. (1) The council may make rules- in relation to any matter which is required to be or may be prescribed by the council in terms of this Act; in relation to the keeping, maintaining, custody and inspection of the register; prescribing the requirements with which town and regional planners, town and regional planners in training or town and regional planning technicians shall comply in the performance of work in town and regional planning; prescribing conduct (in addition to conduct referred to in section 24) constituting improper conduct for any town and regional planner, town and regional planner in training or town and regional planning technician; prescribing the method of inquiry into allegations of improper conduct by any town and regional planner, town and regional planner in training or town and regional planning technician; prescribing the form and contents of, and the other applicable requirements in connection with, town and regional planning reports, plans or documents; prescribing the recommended tariff of fees to which a town and regional planner or town and regional planning technician shall be entitled for services rendered by him in that capacity, in the absence of an agreement between such town and regional planner or town and regional planning technician and a particular client in terms of which he shall be entitled in respect of such services to fees according to any other tariff; in relation to, generally, all matters which it considers necessary or expedient to prescribe in order that the purposes of this Act may be achieved. (2) deleted Act 3/1995 (3) The council shall give notice in the Gazette of any rules made or amended under this section. SECTION29 29. (1) The register shall be prima facie evidence of all matters which are required to be or may be entered therein by or under this Act. (2) A certificate purporting to be signed by the registrar to the effect that an entry has or has not been made in the register or that any other thing by or under this Act has or has not been done, shall be prima facie evidence of the matters mentioned in that certificate. (3) A copy of an entry in the register or of a document in the custody of the registrar, or of an extract from the register or from any such document, purporting to be certified by the registrar, shall be admitted in evidence in all courts of law without further proof or production of the original. SECTION30 30. When anything which is required to be done or performed in terms of this Act on or before a specified day or at a specified time or during a specified period, has not been so done or performed, the Minister may, if he is satisfied that such failure was due to error or oversight, authorise such thing to be done or performed on or before any other day or at any other time or during any other period, as he may direct, and anything so done or performed shall be of full force and effect and shall be deemed to have been lawfully done or performed in accordance with the provisions of this Act. SECTION31 Section 31(1) - Amended - Act 28/1993 31. (1) Any person who feels aggrieved by a refusal by the council to register him as a town and regional planner, town and regional planner in training or town and regional planning technician, as the case may be, in terms of the provisions of this Act, or by a decision made by the council in the exercise of the council's powers under section 25 or 27, may at any time after he became aware of that refusal or decision, but not later than- 30 days after the council has informed him in writing of that refusal or decision, and upon payment of the prescribed fees, request the council in writing to furnish him in writing with its reasons for that refusal or decision within 30 days after receipt of such request; 90 days after the council has in accordance with paragraph (a) furnished him with its reasons for that refusal or decision or, if no reasons are furnished, 30 days after such 90 days have expired and after notice to the council, appeal to the court against such refusal or decision, and the court may thereupon- dismiss the said appeal; if it is of the opinion that the council has not acted in accordance with the relevant provision of this Act, give an order contrary to the refusal or decision of the council or amending the decision of the council; remit the matter to the council for further consideration; or give such other order, including any order as to costs, as it may deem expedient. (2) An appeal under subsection (1) lies to the court having jurisdiction in the area where the place is situated where the person concerned appeared before the council, and the rules applicable in respect of the noting and prosecution of appeal the finding of a magistrate's court in a civil suit shall, subject to the provision of subsection (1) relating to the period within which an appeal referred to in that subsection shall be noted, apply mutatis mutandis in respect of the noting and prosecution of an appeal referred to in subsection (1). SECTION32 32. No legal proceedings, whether civil or criminal, shall lie against the council or any member or officer thereof in respect of any act or duty performed in accordance with the provisions of section 25, 26 or 27. SECTION33 33. The South African Institute of Town and Regional Planners shall be deemed to be an association of town and regional planners recognised for the purposes of this Act by the council under section 9(1)(u) as a town and regional planners' institute: Provided that such recognition shall lapse on the expiration of a period of three years from the commencement of this Act, unless it satisfies the council at any time before such expiration that it complies with the requirements referred to in section 9(1)(u). SECTION34 Section 34 - Amended - Act 28/1993 and Act 3/1995 34. This Act shall apply throughout the national territory of the Republic. SECTION35 35. This Act shall be called the Town and Regional Planners Act, 1984, and shall, subject to the provisions of section 23(2), come into operation on a date fixed by the State President by proclamation in the Gazette.